Voting Threshold versus Quorum

[Guest Lorne]

Can a voting threshold for a particular decision be higher than the quorum required?  Example, if the board quorum is 15 (out of 25) but policy approval requires a 2/3 majority vote of all 25 board members (i.e. roughly 17 in the affirmative).

[Josh Martin]

On 1/3/2024 at 3:33 PM, Guest Lorne said:

Can a voting threshold for a particular decision be higher than the quorum required?  Example, if the board quorum is 15 (out of 25) but policy approval requires a 2/3 majority vote of all 25 board members (i.e. roughly 17 in the affirmative).

Yes.

[Guest Lorne]

If we are enacting a higher threshold, is there a specific process?  Would it be considered a special rule under 44:10?  

[Weldon Merritt]

On 1/3/2024 at 5:27 PM, Guest Lorne said:

If we are enacting a higher threshold, is there a specific process?  Would it be considered a special rule under 44:10?  

If you want a different threshold for a particular class of motions that what RONR provides for that class, then yes, you would need to adopt a special rule of order. But note that there are already a number of motions for which RONR already requires a two-thirds vote. And you might want to carefully consider whether you really want a higher threshold than a majority for any other motions. Remember that majority role is the "gold standard" for democratic decision making. When you require a higher threshold, that allows a minority to block action that a majority favors. 

[Josh Martin]

On 1/3/2024 at 6:27 PM, Guest Lorne said:

If we are enacting a higher threshold, is there a specific process?  Would it be considered a special rule under 44:10?  

Such a rule could be adopted as either a special rule of order or as a rule in the bylaws. As for process...

"Adoption or amendment of special rules of order that are separate from the bylaws requires either (a) previous notice (10:44–51) and a two-thirds vote or (b) a vote of a majority of the entire membership." RONR (12th ed.) 2:22

I would note that 2/3 of the entire membership is a very high requirement. While certainly an organization can adopt such a requirement if it wishes, I generally do not see such a requirement, except perhaps for disciplinary procedures.

One other interesting thing here is that this voting requirement is actually even higher than the requirement for adopting, amending, or rescinding a special rule of order - even without notice. So that potentially causes a "loophole" in which the assembly could "work around" the rule by amending or rescinding it. As a consequence, if the organization wishes to adopt such a rule, it may be prudent to include in the rule provisions concerning its amendment, or perhaps to place the rule in the bylaws to make it more resistant to change.

Finally, I don't know what the nature of this board is. If it is a "standalone" board, it certainly can adopt a rule of this nature if it wishes. However, if this board is subordinate to a higher authority (such as the general membership of a society), the board lacks the authority to adopt a rule of this nature unless the organization's bylaws grant the board this authority. So it may be necessary in such cases for the board to recommend to the general membership to adopt this rule. (This would also solve the "loophole" problem in the paragraph noted above.)

"The executive board of an organized society operates under the society's bylaws, the society's parliamentary authority, and any special rules of order or standing rules of the society which may be applicable to it. Such a board may adopt its own special rules of order or standing rules only to the extent that such rules do not conflict with any of the rules of the society listed above... A board that is not a part of a society can adopt its own rules, provided that they do not conflict with anything in the legal instrument under which the board is constituted." RONR (12th ed.) 49:15

[Gary Novosielski]

On 1/3/2024 at 7:27 PM, Guest Lorne said:

If we are enacting a higher threshold, is there a specific process?  Would it be considered a special rule under 44:10?  

Setting artificially high thresholds is a decision that most of those who adopt them come to regret.

[Guest Lorne]

Is there a specific process for a special rule of order?  Can it be in a policy?

[Josh Martin]

On 1/4/2024 at 12:00 PM, Guest Lorne said:

Is there a specific process for a special rule of order?

Nothing special, really. A motion is made to adopt the rule in question, including the text of the rule. Further, as previously noted, adopting the rule requires a 2/3 vote with previous notice or a vote of a majority of the entire membership.

On 1/4/2024 at 12:00 PM, Guest Lorne said:

Can it be in a policy?

I suppose I see no reason why a special rule of order could not be adopted as part of a larger policy which also contains other things, however, adopting the policy would then require the same vote for adoption as a special rule of order.